[HISTORY: Adopted by the Town Board of the
Town of Massena as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-15-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Dog Licensing Fees, adopted 7-8-1987, as amended; former Art. II,
Animals at Large, adopted 4-12-2000 by L.L. No. 1-2000; and former
Art. III, Dog Control, adopted 4-12-2000 by L.L. No. 1-2000, as amended.
This local law provided that it would take effect January 1, 2011.
The purpose of this article is to provide for the licensing
and identification of dogs and control of dogs and to protect the
health, safety and well-being of the persons and property for the
public peace and good order in the Town of Massena by establishing
certain regulations and restrictions of dogs that are consistent with
the rights and privileges of other residents of the Town.
A.
All terms not specifically defined below shall have the meaning assigned
to such terms within Article 7 of the Agriculture and Markets Law
of the State of New York.
B.
AGRICULTURE AND MARKETS LAW
CONFINED
DANGEROUS DOG
(1)
(2)
(3)
(4)
DOG
DOG WARDEN
ENUMERATION FEE
IDENTIFICATION TAG
OWNER
OWNER OF RECORD
PERSON
RESIDENT
TOWN
RUNNING AT LARGE
UNDER CONTROL
As used in this article, the following terms shall have the meanings
indicated:
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article, and as thereafter amended.
Any animal restrained or kept on the premises, either within
a building, kennel, or other suitable enclosure or securely fastened
on a chain, wire or other effective tether to prevent the animal from
endangering any person or any adjacent property or in any public street,
way or place; or if the animal is being transported, that it is secured
in a crate or other container or restrained in a vehicle that it cannot
be expected to escape from.
Any dog that, when unprovoked, approaches and does any menacing
act or aggressive action directed toward any person or in an apparent
attitude of attack, upon the street, sidewalks, highways or any public
grounds or places.
Any dog with a known propensity, tendency or disposition to
attack when unprovoked, to cause injury or to otherwise endanger the
safety of human being or domestic animals as well as household pets.
Any dog which bites, inflicts injury, assaults or otherwise
attacks a human being or domestic animal, including household pets,
without provocation on public or private property.
Any dog owned or harbored primarily or in part for the purpose
of dog fighting or any dog trained for dog fighting.
Includes any dog of any sex and any age, licensed or unlicensed,
unless otherwise indicated herein.
The person appointed or contracted by the Town Board of the
Town of Massena to assist in the enforcement of this law, or such
person's authorized designee. The person shall provide services
at the pleasure of the Town Board. The Dog Warden, in addition to
all other powers and duties prescribed by law, shall have the authority
to issue appearance tickets in accordance with Article 150 of the
Criminal Procedure Law. Every dog seized by the Dog Warden shall be
maintained, redeemed, sold or destroyed in accordance with Article
7 of the Agriculture and Markets Law of the State of New York.
A fee determined by the Town Board to impose on dog owners
for each unlicensed dog upon the occurrence of an enumeration performed
by the Dog Warden. The current fee is $5 per dog. Future increases
of the enumeration fee will be set by resolution of the Town Board
or the Town of Massena.
A tag issued by the Town Clerk which sets forth the identification
number together with the name of the Town and State, the telephone
number of the Town Clerk, and any other information deemed necessary
by the Town Clerk.
Any person who harbors or keeps any dog. If the dog is not
licensed, the term "owner" shall be construed to include any person
who at any time owns or has custody or control of, harbors or is otherwise
responsible for any dog which is kept, bought or comes within the
Town. In the event that the owner of any dog which is found to be
in violation of this law is a minor, head of the household in which
the minor resides shall be responsible for any acts of said dog in
violation of this law.
The person in whose name a dog was last licensed pursuant
to this article.
A person, partnership, corporation, association or other
organized group of persons, business entity, municipality or other
legal entity.
An individual who maintains a residence within the Town of
Massena, County of St. Lawrence, State of New York.
The Town of Massena, County of St. Lawrence, State of New
York
To be in a public place or on private land without the knowledge,
consent, and approval of the owner of such lands. For the purpose
of this article, a dog or dogs hunting in the company of a hunter
or hunters shall be considered as accompanied by its owner.
A dog shall be deemed under control when it is under either
voice command or a suitable restraining device designed for that purpose.
A.
The Town Clerk shall assign an identification number to a dog when
it is first licensed. Such identification number shall be carried
by the dog on an identification tag which shall be affixed to the
collar of the dog at all times, except if a dog is participating in
a dog show or within the confines of the residence.
B.
No tag carrying an identification number shall be affixed to the
collar of any dog other than the one to which the number was assigned.
C.
Any person wishing to replace a lost tag shall pay the sum currently
set at $3 to the Town Clerk. Future lost tag replacement fees schedules
will be set by the Massena Town Board by resolution.
In the event any dog which has been licensed is lost or stolen
or dies the owner shall, within 10 days of discovery, notify the Town
Clerk, be it by phone, e-mail, mail or fax.
No dog shall;
A.
Knowingly be allowed to run at large within the Town of Massena.
B.
Knowingly be allowed upon the public streets or upon any public property
within the Town of Massena unless it shall be accompanied by its owner
or a responsible person able to restrain and control said dog by command
and unless such person accompanying said dog shall actually control
and restrain said dog by some suitable device and used for that purpose.
C.
Engage in habitual and loud howling, barking, crying or whining or
conduct as to unreasonably and habitually disturb the comfort or repose
of any person other than the owner of said dog.
D.
Chase, jump up on or at or otherwise harass any person in such manner
as to reasonable cause intimidation or fear or to put such person
in reasonable apprehension of bodily harm.
E.
Habitually chase, run alongside of or bark at motor vehicles, motorcycles
or bicycles while on a public street, highway, or place, or upon private
property without the consent or approval of the owner of such property.
F.
Create a nuisance by defecating, urinating or digging on public property,
or on private property without the consent or approval of the owner
of such property.
G.
If a female dog, when in heat, be off the owner's premises,
unrestrained by a leash.
A.
All dogs in the Town of Massena must be licensed with the Town Clerk
by the age of four months and are required to present a valid certificate
of rabies vaccination at the time of licensing or renewal of an existing
license.
B.
All dog licenses are for a period of one, two, or three years and
will expire on the last day of the last month of the period for which
it is issued. No license shall be issued for a period after the last
day of the eleventh month following the expiration date of the current
rabies certificate for the dog being licensed.
C.
The Town of Massena will not issue purebred or kennel licenses. Each
dog will be licensed individually.
D.
There shall be no fee for any license issued for the following, as
defined in Article 7 of the State Agriculture and Markets Law: guide
dog, hearing dog, service dog, war dog, working search dog, detection
dog, police work dog, or therapy dog. The license application shall
define why the exemption is appropriate by the issuing Clerk.
E.
No dog will be licensed without a valid rabies vaccination certificate.
F.
The Town of Massena will be the only entity to issue dog licenses
for Town of Massena dog owners, unless there is a signed agreement
between the Town of Massena and a shelter allowing otherwise.
G.
When a shelter is authorized to issue dog licenses on behalf of the
Town of Massena, all licensing fees and seizure fees are turned over
to the Town of Massena. The shelter must provide a copy of each dog
license, along with a written monthly report and appropriate fees
issued to the Town Clerk on a monthly basis,
H.
No dog license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately apply for a new license
for the dog.
I.
In the case of a dog's death, the owner of record shall so notify
the Town Clerk either prior to renewal of license or upon the time
of such renewal.
A.
Authority to set dog license fees by resolution of the Town Board.
Pursuant to Municipal Home Rule Law § 10, by the adoption
of this article, the Town of Massena, County of St. Lawrence, hereby
authorizes the Town Board of the Town of Massena, County of St. Lawrence,
to establish, by resolution, a schedule of dog license fees, enumeration
fees and tag replacement fees. The Town Board of the Town of Massena,
County of St. Lawrence, may exercise this authority as needed throughout
the year.
B.
The Town of Massena hereby establishes the fee for a dog license
pursuant to § 110 of the Agriculture and Markets Law to
be as follows:
(1)
The fee for altered (spayed/neutered) dogs will be $6.
(2)
The fee for unaltered (unspayed/unneutered) dogs will be $14.
(3)
The fee for altered dogs includes a surcharge of $1.
(4)
The fee for unaltered dogs includes a surcharge of $3.
(5)
Dog license fees will be set by the Town Board by resolution hereon
after.
(6)
No dog license fee will be refunded.
(7)
If a tag is lost, the cost of a new tag will be $3.
(8)
Any dog found unlicensed during an Town enumeration period shall
be subject to an enumeration surcharge if $5, payable at the time
of licensing.
A.
B.
The Dog Warden observing a violation of this article shall issue
and serve an appearance ticket for such violation. Said violation
should be considered a petty offense and not a misdemeanor.
C.
Any person who observes a dog in violation of this article may file
a complaint under oath with the Dog Warden of the Town of Massena
specifying the nature of the violation, the date, a description of
the dog and the name and a residence, if known, of the owner of such
dog. Such complaint may serve as a basis for enforcing the provisions
of this article.
D.
Upon receipt by the Dog Warden of any complaint or in the event that
any dog is found by the Dog Warden to be in violation of any provision
of this article, the Dog Warden, shall, if possible, seize and take
into custody said dog. In any event, as soon as circumstances will
permit, the Dog Warden shall issue and deliver to the owner of said
dog an appearance ticket pursuant to § 126 of the Agriculture
and Markets Law of the State of New York, detailing the violations
and instructing the owner to appear before the Justice Court of the
Town of Massena or to answer such appearance ticket by registered
or certified mail, return receipt requested, within five days of the
date of such violation.
E.
If said appearance ticket is disregarded by such person, the Dog
Warden or complainant may file an information with said Court, which
Court shall then issue a warrant for the arrest of such person.
F.
In the event that any dog has been seized or taken into custody by
the Dog Warden, its owner shall be required to pay to the boarding
facility designated by the Town the sum of $10 per day for each day
during which said dog shall be boarded by the boarding facility.
G.
Impound fees are set by local law under Agriculture and Markets Law
§ 110.
The owner of any dog impounded by the Town of Massena shall
be entitled to redeem that dog within five business days, excluding
the day the dog was impounded, from the day the dog was impounded,
provided that the owner produces proof the dog is licensed and identified
and pays a fee of $10 per day; and for the second day of impoundment
and any thereafter a fee of $3 will be added for each additional twenty-four-hour
period.
Any person convicted of a violation of this article shall be
liable to a civil penalty of $25 for a first violation, $50 for a
second violation and $100 for each subsequent violation.
